Effective Expert Witnessing, Fourth Edition: Practices for the 21st Century

by Matson; Jack V.

• ISBN13: 9780849313011
• ISBN10: 0849313015
• Edition: 4th
• Format: Hardcover
• Copyright: 2004-03-29
• Publisher: CRC Press

Summary

Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions.Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case studies and examples from a wide range of disciplines including psychology, medicine, forensics, toxicology, engineering, and environmental science. It presents legal survival strategies needed by expert witnesses in all fields by addressing the impact of the recent rulings regarding expert testimony. The fundamentals of the litigation process are thoroughly presented, with chapters on the pre-trial process, trial preparation, and the courtroom drama.

Table of Contents

Section I THE LEGAL ENVIRONMENT AND EXPERT WITNESSING	1	(34)
The Legal Environment	3	(10)
Lawyers and Litigation	4	(1)
Evidence	5	(2)
The Role of the Expert Witness	7	(6)
What Is an Expert Witness?	7	(1)
How Expert Witnesses Are Used	8	(1)
Types of Experts	8	(2)
The Relationship between Lawyers and Experts	10	(1)
The Expert Report	11	(2)
Key Cases and Precedents Affecting Expert Witnessing	13	(12)
Frye v. United States (1923)	14	(1)
Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993)	15	(4)
General Electric v. Joiner (1997)	19	(1)
Carmichael v. Kumho Tire Company (1998)	20	(2)
A Note on the Hearsay Rule	22	(3)
A Closer Look at the Impact of Daubert	25	(10)
Conformity versus Flexibility	25	(1)
Standards for Reliability and Relevance	26	(1)
The Role of the Judge under Daubert	27	(2)
Daubert Applied	29	(1)
The Impact of Daubert on Expert Witnessing	30	(1)
A Word on Junk Science	31	(1)
An Additional Impact of Daubert---The Amended Rules of Evidence	32	(3)
Section II THE LITIGATION PROCESS	35	(54)
The Pre-Trial Process	37	(22)
Affirmative Defenses	37	(1)
Discovery	38	(1)
Interrogatories	39	(1)
Automatic Disclosure	40	(1)
Production of Documents	41	(2)
Organization of Documents	43	(1)
Chain of Custody	44	(1)
The Expert Report	45	(3)
Preparing the Expert Report	47	(1)
Deposition	48	(4)
Preparing for a Deposition	50	(1)
The Process of Deposing Expert Witnesses	51	(1)
The Subpoena	51	(1)
The Setting	52	(1)
The Opposing Attorney's Intent	52	(7)
Preparing for the Daubert Challenge	54	(2)
Additional Pointers	56	(1)
Ending the Deposition	57	(2)
Preparing for Trial	59	(12)
Developing the Trial Theme	60	(1)
Preparing the Lawyers	60	(1)
Changing Your Opinion	61	(1)
Trial Exhibits	61	(2)
Motions	63	(2)
Understanding the Judge	65	(1)
Types of Juries	66	(1)
Jury Selection	66	(5)
The Courtroom Drama	71	(18)
The Jury---The True ``Audience'' of the Trial	71	(1)
Opening Statements	72	(1)
Direct Examination	73	(2)
The Role of the Attorney	75	(3)
Building the Case	78	(1)
Preparing for Cross-Examination	79	(1)
Cross-Examination	80	(2)
Opposing Counsel's Strategies	82	(4)
Jury Instructions and Closing Arguments	86	(1)
Post-Trial Motions and Appeals	87	(2)
Section III THE ART, BUSINESS, AND FUTURE OF EXPERT WITNESSING	89	(34)
The Art of Expert Witnessing	91	(12)
Developing the Professional Relationship	91	(1)
Maximizing Your Effectiveness	92	(4)
Practice	92	(1)
Study	92	(1)
Be Prepared	92	(1)
Be Professional	93	(1)
Be Organized	94	(1)
Tell the Story	94	(1)
Show Emotion	94	(1)
Educate	95	(1)
Create Vivid Visualizations	95	(1)
The Ethics of Expert Witnessing	96	(1)
The Future of Expert Witnessing	97	(1)
Revisiting the Use of ``Neutral'' Experts	97	(1)
The Impact of Technology	98	(1)
Alternative Dispute Resolution	99	(2)
Tort Reform	101	(2)
The Business of Expert Witnessing	103	(20)
Expert Witness Liability	104	(3)
Forming an Expert Witnessing Business	107	(1)
General Corporation	107	(1)
Close Corporation	107	(1)
Subchapter S Corporation	107	(1)
Limited Liability Company (LLC)	108	(1)
Contractual Considerations for Expert Witnesses	108	(1)
Basic Types of Contractual Arrangements	109	(4)
Retainer Contracts	109	(1)
Time and Materials Contracts	110	(1)
Flat Fee Contracts	110	(3)
Term of the Agreement	113
Fees and Expenses	111	(2)
Billing and Payment Terms	113	(1)
Confidentiality	114	(1)
Conflict of Interest	115	(1)
Statement of Work	116	(1)
Termination	116	(1)
Marketing	117	(3)
Organizational Directories	117	(1)
Professional Societies	118	(1)
Expert Witness Service Companies	118	(1)
Networking	118	(1)
Letters to Attorneys	118	(1)
Advertising	119	(1)
Direct Mail	119	(3)
Expert Referral Agencies	122
Education-Based Marketing Strategies	120	(3)
Appendix: Expert Witness Resources	123	(2)
Directories	123	(1)
Newsletters	124	(1)
Listserves	124	(1)
Bibliography	125	(4)
Index	129